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AM. CONTINENTAL INS. v. AM. CAS. CO.

No. B126506.

86 Cal.Rptr.2d 560 (1999)

73 Cal.App.4th 508

AMERICAN CONTINENTAL INSURANCE COMPANY, Plaintiff and Respondent. v. AMERICAN CASUALTY COMPANY OF READING, PA., Defendant and Appellant,

Court of Appeals of California, Second District, Division Four.

As Modified July 23, 1999.

Attorney(s) appearing for the Case

Radcliff, Frandsen & Dongell, Richard A. Dongell, Ruben A. Castellon, San Francisco, and Jason M. Booth, for Defendant and Appellant.

Cotkin & Collins, Terry C. Leuin and Scott P. Ward, Los Angeles, for Plaintiff and Respondent.

EPSTEIN, J.

The issue in this case is the allocation of responsibility between insurers for settlement of an underlying action for wrongful death. The defendant hospital and defendant nurse were found jointly liable by jury verdict. The verdict did not allocate fault. Both the hospital and its employee, the nurse, were covered by primary and excess insurance policies issued by American Continental Insurance Company (American Continental). The nurse also was covered...

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